Tenant ignoring my attempts to reach in last month of lease

3 Replies

Hey everybody! I own a rental home (old primary residence) in Illinois, but I now live in Florida. I manage the property myself due to ROI constraints. We are on the last month of my tenant's 2nd year. He notified me a few months back that he wouldn't be renewing and we have been in contact sporadically since. With a little over 2 weeks left in June, I am not getting any responses from him. He hasn't paid his rent (I have his deposit), but my worry is he has up and left and I am trying to find out the best way to deal with this being from out of state. I have a Illinois Notice to Quit form printed out and I plan on overnighting this to the property today via certified mail. A few questions - what if he is not at the property? Does FedEx just leave the package at the door? The form I printed also contains a Certificate of Service, does this need to be stamped by a notary? If he doesn't pay, will I be required to fly back to Illinois to get access to the home? Would hiring a property manager at this point help in dealing with this current issue? This stinks. Any advice is greatly appreciated. Thanks!

Derek,

You need to hire a Property Manager as soon as possible, the ROI restrictions will hurt more by neglect and vacancy than by paying a PM to take care of these things for you. Often a PM is able to get higher rents and lower vacancy, evening out their cost anyway.

The Certificate of Service is for you to keep for your records, check which option you did for delivery and save. 

When does the tenant's current lease end? Did he just leave at the end of his lease? If so, you are not legally allowed to keep his deposit for rent if his lease has expired. 

Thanks for the quick response Hannah. The current lease ends 6/30/18 - and I haven't gotten the rent payment for the month of June. So that shouldn't be an issue in keeping the deposit and using as his rent. I will be doing some research on PMs.

Where in Illinois is the property located. We always need city, county and state to send a good answer. Can't make recommendations for who to hire if I don't know where you are located.

First and easiest. Have a friend who lives near your old home drive over and see if it is vacant. Did you get to know the neighbors on either side of the house when you lived there? What do they say?

Hire a process server who is as close to the property as possible and have them serve the the tenant according to Illinois Law. In Illinois it is legal to send via certified mail. HOWEVER, some judges do not believe you have done your due diligence if you have not tried to serve them in person. A friend can be your process server in certain instances under Illinois law. You can always hire the Sheriff's dept.

Find a local property manager to hire. I have several recommendations but since I don't know where the property is located it makes no sense to send them.

Be prepared to hire an attorney to follow through with an eviction? Don't have an attorney, Let me know I can hook you up.